A skill-based machine is one that rewards merchandise or vouchers redeemable for merchandise prizes,

A skill-based machine is one that rewards merchandise or vouchers redeemable for merchandise prizes, as long as the value of the prize or vouchers that results from a single play does not exceed a $10 value. Machines are not considered skill-based if:

“The ability of any consumer to succeed at the game is impacted by the number or ratio of prior wins to prior losses of consumers playing that machine.”

“The outcome of the game can be controlled by a source other than any consumer playing the game.”

“The success of any player is or may be determined by a chance event which cannot be altered by player actions.”

“The ability of any consumer to succeed at the game is impacted by game features not visible or known to the reasonable consumer.”

“The ability of [a] consumer to succeed at the game is impacted by the exercise of skill that no reasonable consumer could exercise.”

Source: Administrative rule implemented Wednesday by Attorney General Marc Dann,
after an executive order signed by Gov. Ted Strickland

FREQUENTLY ASKED QUESTIONS

What sort of games are permissible under this rule?

“Any game, the outcome of which is determined by skill, and that rewards the consumer’s skill with a merchandise prize, is permissible. The purpose of the rule is to make clear that electronic slot machines cannot be held out to be legal skill-based amusement machines. To misrepresent a slot machine as a skill-based amusement machine is deceptive. However, consumers may continue to enjoy true skill-based amusement machines, such as are found on the midway at Cedar Point or in Chuck E. Cheese.

“… Machines that have outcomes determined by chance rather than skill, are not allowed under Ohio law. Machines that reward the consumer with cash or cash equivalents have their basis in gambling rather than amusement. Ohio law only permits skill-based amusement machines. Machines that pay out cash or coupons redeemable for cash violate this rule.”

What limits are there on merchandise prizes under this rule?

“A consumer playing a skill-based amusement machine may be awarded a merchandise prize with a wholesale value of no more than $10, or redeemable vouchers. that may be exchanged for a merchandise prize with a wholesale value of no more than $10, based on a single play of the machine.”

What happens to machines currently in operation in Ohio?

“If the machines meet the requirements of this rule, there is no deceptive act or practice being committed and the games may remain in operation. If the games pay out cash prizes, or do not meet the skill requirements of this rule, the supplier of the game, which includes the manufacturer, distributor, owner, lessor, lessee, or any other person facilitating the consumer transaction, is committing a violation of the law which prohibits deceptive acts or practices in connection with a consumer transaction.”

What should people who have machines currently on their premises do?

“If you currently have a machine that pays out anything other than a merchandise prize or a voucher redeemable for a merchandise prize, or the machine does not meet the requirements of this rule, that machine should be removed from public access until the machine complies with this rule. If a machine is or may become the subject of a lawsuit alleging a Consumer Sales Practices Act violation, you should not destroy potential evidence before consulting with legal counsel.”